Injunctions and Restraining Orders-1

Copyright 2000-2013, Judicial Branch, State of Connecticut. All rights reserved.

Injunctions and Restraining Orders in Connecticut

A Guide to Resources in the Law Library

Table of Contents

Introduction .................................................................................................... 3

Section 1: Applications for Injunction.................................................................. 4

Table 1: Types and Forms of Injunctions .......................................................... 9

Table 2: Notice Required for Ex Parte Injunction ............................................. 11

Figure 1: Form 104.4. Injunction Against Nuisance - Maint. of Disposal Area ...... 12

Table 3: Extraordinary Nature of Injunctive Relief ........................................... 16

Table 4: Standards for Issuance of Temporary Injunction ................................ 18

Section 2: Modification and Dissolution of Injunction ......................................... 20

Figure 2: Motion to Dissolve Temporary Injunction .......................................... 24

Section 3: Enforcement of Injunction ................................................................ 26

Figure 3: Motion for ContemptInjunction ..................................................... 30

Section 4: Specific Subjects of Injunctive Protection or Relief .............................. 31

Table 5: Selected ALR Annotations on Subjects of Injunctive Protection or Relief 36

Figure 4: Injunction against interference with flow of surface water .................. 39

Figure 5: Injunction to Restrain Violation of Zoning Ordinance .......................... 41

Section 5: Appeal of Injunction ........................................................................ 43

Compiled by

Pamela Kaufman, Connecticut Judicial Branch Law Library at Stamford,

123 Hoyt Street, Stamford, CT 06905. (203) 965-5250. Email

Originally compiled by Lawrence Cheeseman, retired Judicial Branch Supervising Law Librarian

2013 Edition

http://www.jud.ct.gov/lawlib/email.htmhttp://www.jud.ct.gov/lawlib/

Injunctions and Restraining Orders-2

These guides are provided with the understanding that they represent

only a beginning to research. It is the responsibility of the person doing legal

research to come to his or her own conclusions about the authoritativeness,

reliability, validity, and currency of any resource cited in this research guide.

View our other pathfinders at

http://www.jud.ct.gov/lawlib/selfguides.htm#Pathfinders

This guide links to advance release slip opinions on the Connecticut Judicial Branch

website and to case law hosted on Google Scholar.

The online versions are for informational purposes only.

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http://www.jud.ct.gov/lawlib/selfguides.htm#Pathfindershttp://www.jud.ct.gov/policies.htm

Injunctions and Restraining Orders-3

Introduction A Guide to Resources in the Law Library

An injunction has been well described as a judicial process whereby a party is

required to do or refrain from doing a particular thing. Inhabitants of Town of

Lincolnville v. Perry, 104 A.2d 884 (Maine, 1954).

The issuance of an injunction is the exercise of an extraordinary power which rests

within the sound discretion of the court, and the justiciable interest which entitles one

to seek redress in an action for injunctive relief is at least one founded on the

imminence of substantial and irreparable injury. Scoville v. Ronalter, 162 Conn. 67,

74, 291 A.2d 222 (1971).

An injunction may be granted immediately, if the circumstances of the case demand

it, or the court or judge may cause immediate notice of the application to be given to

the adverse party, that he may show cause why the injunction should not be

granted. Conn. Gen. Stats. 52-473(a) (2013).

An action for an injunction being equitable, whether or not a plaintiff is entitled to

relief is determined, not by the situation existing when it is begun, but by that which

is developed at the trial. E.M. Loews Enterprises, Inc. v. International Alliance of

Theatrical Stage Employees et al., 127 Conn. 415, 419 (1941).

It [an action for an injunction] is a preventive remedy and not punishment for past

conduct. William Schollhorn Co. v. Playthings Jewelry & Novelty Workers

International Union, 14 Conn. Supp. 22, 27 (1946).

The issuance of an injunction and the scope and quantum of injunctive relief rests in

the sound discretion of the trier. Krulikowski et al v. Polycast Corporations, 153

Conn. 661, 669, 220 A.2d 449 (1966).

See Domestic Violence in Connecticut for coverage of family violence restraining and

protective orders.

http://scholar.google.com/scholar_case?case=2485937027232941115http://scholar.google.com/scholar_case?case=2485937027232941115http://scholar.google.com/scholar_case?case=4752789811128780176http://www.cga.ct.gov/current/pub/chap_916.htm#sec_52-473http://scholar.google.com/scholar_case?q=153+conn+661&hl=en&as_sdt=2,7http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/DomesticViolence/DomesticViolence.pdf

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Section 1: Applications for Injunction A Guide to Resources in the Law Library

SCOPE: Bibliographic resources relating to the procedures used in

obtaining a writ of injunction in Connecticut

CURRENCY: 2013 Edition

SEE ALSO: Table 1: Types and forms of injunctions

Table 2: Notice required for ex parte injunction

Table 3: Extraordinary nature of injunctive relief

Table 4: Standards for issuing of temporary injunction

DEFINITIONS: Equitable proceeding: Any judge of any court of equitable

jurisdiction may, on motion, grant and enforce a writ of

injunction, according to the course of proceedings in equity, in

any action for equitable relief when the relief is properly

demandable, returnable to any court, when the court is not in

session. Upon granting of the writ, the writ shall be of force

until the sitting of the court and its further order thereon unless

sooner lawfully dissolved. Conn. Gen. Stats. 52-471(a)

(2013).

Verified complaint: No injunction may be issued unless the

facts stated in the application therefor are verified by the oath

of the plaintiff or of some competent witness. Conn. Gen.

Stats. 52-471(b) (2013).

Bond on issue of temporary injunction: No temporary

injunction may be granted, except in favor of the state or of a

public officer thereof in respect to any matter of a public nature,

until the party making application therefor gives bond, with

surety satisfactory to the court or judge granting the injunction,

to the opposite party, to answer all damages in case the plaintiff

fails to prosecute the action in which the injunction is applied

for to effect; provided a bond need not be required when, for

good cause shown, the court or a judge is of the opinion that a

temporary injunction ought to issue without bond. Conn. Gen.

Stats. 52-472 (2013).

STATUTES:

Conn. Gen. Stats. (2013)

Chapter 916. Injunctions

52-471. Granting of injunction

52-472. Bond on issue of temporary injunction

52-473. Injunctions may be granted immediately or after

notice

52-473a. Enjoining or restraining enforcement of certain

environmental or public health laws. Ex parte orders

prohibited. Appeal.

52-474. Interested persons may appear and be heard.

52-475. Dissolution of temporary injunction.

52-476. Continuance pending appeal. 52-477. Permanent injunction; stay pending appeal.

52-478. Removal of stay or dissolution of injunction.

52-479. Reservation for advice. Dissolution of injunction.

Note: You can visit your local law library or search the most recent statutes and public acts on the Connecticut General Assembly website to confirm that you are using the most up-to-date statutes.

http://www.cga.ct.gov/current/pub/chap_916.htm#sec_52-471http://www.cga.ct.gov/current/pub/chap_916.htm#sec_52-471http://www.cga.ct.gov/current/pub/chap_916.htm#sec_52-472http://www.cga.ct.gov/current/pub/chap_916.htmhttp://search.cga.state.ct.us/adv/http://search.cga.state.ct.us/adv/http://search.cga.state.ct.us/adv/

Injunctions and Restraining Orders-5

52-480. Injunction against malicious erection of

structure.

52-481. Abatement of manufacturers nuisance.

Temporary injunction.

52-482 Repealed.

52-483. Injunction against sale on execution;

adjournment of sale.

COURT RULES: Conn. Practice Book (2013 ed.)

4-5. Notice Required for Ex Parte Temporary Injunctions

11-9.Disclosure of Previous Applications

FORMS: 2 Conn. Practice Book (October 1992)

Form 104.4. Injunction Against Nuisance - Maintenance of

Disposal Area ( Figure 1)

14A Am Jur Pleading & Practice (2002) Injunctions

6. Complaint, petition, or declarationFor permanent

injunctionSeeking temporary restraining order and

preliminary injunction--General form

50. Notice of motion or applicationFor temporary

restraining order

51. Notice of motion or applicat